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Passion Provocation and Jury Findings

Passion Provocation and Jury Findings

by Fred Sisto | Jul 17, 2025 | Blog, Monmouth County, New Jersey, Ocean County

On January 23, 2025, a three-judge appellate panel decided the Essex County case of State v. Stephanie Martinez. The principal issue under N.J.S.A. 2C:3-4 concerned the propriety of a passion provocation manslaughter conviction when a jury also found that the State...
The Persistent Offender Statute and Jury Determinations (Part 3)

The Persistent Offender Statute and Jury Determinations (Part 3)

by Fred Sisto | Jul 10, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Appellate Division concluded with the following in relevant part: While we are mindful of the administrative burdens that will result from remanding a potentially large number of pipeline cases for new jury trials, we are not prepared to hold that the defendants...
The Persistent Offender Statute and Jury Determinations (Part 3)

The Persistent Offender Statute and Jury Determinations (Part 2)

by Fred Sisto | Jul 3, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Appellate Division continued in relevant part: Based on the opinion’s clear directive, we are reticent to conclude that the Erlinger majority meant for the constitutional rights recognized in Apprendi and its progeny to be treated essentially as a...
The Persistent Offender Statute and Jury Determinations (Part 3)

The Persistent Offender Statute and Jury Determinations (Part 1)

by Fred Sisto | Jun 26, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On November 27, 2024, a three-judge appellate panel decided the Atlantic County case of State v. Jamel Carlton. The principal issue under N.J.S.A. 2C:44-3 concerned to application of New Jersey’s persistent offender sentencing statue in light of the U.S. Supreme...
Insanity and Defendant Testimony

Insanity and Defendant Testimony

by Fred Sisto | Jun 19, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On December 20, 2024, a three-judge appellate panel decided the Essex County case of State v. Jeremy Arrington. The principal issue under N.J.S.A. 2C:4-1 concerned whether a defendant could testify to their alleged insanity without accompanying expert testimony....
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